NBK Innovation XIII, LLC v. Suavei, Inc.
4:23-mc-80054
| N.D. Cal. | Jun 30, 2025Background
- Plaintiffs registered a default judgment against defendant Alfonso Infante in a securities case from the District of Nevada and are seeking to collect on that judgment.
- Plaintiffs served writs of execution and subpoenas, including to Palo Alto Networks, where Infante was believed to be employed as a Senior Technical Marketing Engineer.
- Infante filed numerous motions attempting to block post-judgment discovery, all of which have been denied as meritless.
- The court previously vacated a scheduled debtor examination of Palo Alto Networks after Infante filed several motions, during which time Palo Alto Networks agreed to provide documents instead of appearing in person.
- The court is now ruling on Infante’s Motion for Protective Order (to stop discovery) and Motion for Sanctions against Plaintiffs.
Issues
| Issue | Plaintiffs’ Argument | Defendant's Argument | Held |
|---|---|---|---|
| Protective Order (blocking discovery) | Entitled to broad post-judgment discovery, Palo Alto Networks is relevant to collect assets | Discovery is overbroad/harassing, burdens Palo Alto Networks, examination unnecessary | Denied as moot; discovery appropriate, Palo Alto Networks agreed to document production |
| Standing to Object (on behalf of third party) | Infante lacks standing to object for Palo Alto Networks | Asserts burdens for Palo Alto Networks | Infante lacks standing to raise burden/relevance objections for nonparty |
| Sanctions against Plaintiffs | Actions were justified and discovery is warranted | Plaintiffs' actions are harassing and warrant sanctions | Motion denied as meritless |
| Discovery Pending Resolution of Other Motions | Discovery should proceed unless valid stay | Should stay all discovery due to pending motions | Moot—other relevant motions already denied |
Key Cases Cited
- JW Gaming Dev., LLC v. James, 544 F. Supp. 3d 903 (N.D. Cal. 2021) (scope of post-judgment discovery and its limits on harassment and proportionality)
- Ryan Inv. Corp. v. Pedregal de Cabo San Lucas, 2009 WL 5114077 (N.D. Cal. 2009) (judgment creditors entitled to broad post-judgment discovery) (not an official reporter citation, excluded from hyperlinks)